On Point blog, page 1 of 1
Error in jury instruction on substantive crime was waived and not prejudicial, but Machner hearing required on handling of self defense issue
State v. Theophilous Ruffin, 2019AP1046-CR, District 1, 3/9/21 (not recommended for publication), state’s petition for review granted 9/17/21; reversed, 2022 WI 34; case activity (including briefs)
Ruffin raises three challenges to how the jury was instructed at his trial. Two are rejected in all respects, but one—regarding trial counsel’s decision to withdraw a self defense instruction—gets him a Machner hearing.
SCOW finds no problem with problematic jury instructions on self-defense, accident
State v. Joseph T. Langlois, 2018 WI 73, 6/20/18, affirming a published court of appeals decision, 2017 WI App 44; case activity (including briefs)
A majority of the supreme court concludes that the jury instructions given in this case, when viewed in their entirety, accurately stated the law the jury needed to decide the case. Two dissenting justices disagree, concluding that when considered in their entirety, the instructions could have led the jury astray.
SCOW to address challenge to muddled jury instructions on self defense, accident
State v. Joseph T. Langlois, 2016AP1409-CR, petition for review of a published court of appeals decision granted 12/13/17; case activity (including briefs)
Issues (composed by On Point):
1. Was trial counsel ineffective for failing to object to the jury instructions for self defense and accident on the lesser included charge of homicide by negligent handling of a dangerous weapon?
2. Alternatively, is a new trial in the interest of justice warranted because the erroneous jury instructions on self defense and accident prevented the real controversy from being tried?
3. Did the erroneous instructions on self defense and accident violate due process by relieving the state of the burden to prove every element of the offense?
4. Was the evidence sufficient to support the jury’s verdict of guilty of homicide by negligent handling of a dangerous weapon?
Privilege Defense – Accident – Interplay with Self-Defense and Intent
State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419
For Watkins: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is not, however, “a true affirmative defense”